Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.29.708 Persons entitled to file initial financing statement or continuation statement.
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A person may file an initial financing statement or a continuation statement under AS 45.29.702 — 45.29.709 if (1) the secured party of record authorizes the filing; and (2) the filing is necessary under AS 45.29.702 — 45.29.709 to (A) continue the effectiveness of a financing st…
AS 45.29.709 Priority.
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Article 8. Transitional Provisions for 2013 Amendments. (a) This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former AS 45.09 determines priority. (b) For purposes of A…
AS 45.29.802 Applicability.
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Except as otherwise provided in AS 45.29.803 — 45.29.807, AS 45.29.102(a)(8), (13), (61), (85), and (88), 45.29.105, 45.29.307(f), 45.29.311(a), 45.29.316(h) and (i), 45.29.317(b) and (d), 45.29.326, 45.29.406(e), 45.29.408(b), 45.29.503(a), (b), and (f) — (h), 45.29.507(c), 45.2…
AS 45.29.803 Security interest perfected before July 1, 2013.
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(a) A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under AS 45.29.101 — 45.29.709, as those sections read on July 1, 2013, if, immediately before July 1, 2013, the applicable requirements for attachment …
AS 45.29.804 Security interest unperfected before July 1, 2013.
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A security interest that is an unperfected security interest on June 30, 2013, becomes a perfected security interest (1) without further action on July 1, 2013, if the applicable requirements for perfection under AS 45.29.101 — 45.29.709, as those sections read on July 1, 2013, a…
AS 45.29.805 Effectiveness of action taken before July 1, 2013.
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(a) The filing of a financing statement before July 1, 2013, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under AS 45.29.101 — 45.29.709, as those sections read on July 1, 2013. (b) AS 45.29.102(a)(8…
AS 45.29.806 When initial financing statement suffices to continue effectiveness of financing statement.
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(a) The filing of an initial financing statement in the office specified in AS 45.29.501 continues the effectiveness of a financing statement filed before July 1, 2013, if (1) the filing of an initial financing statement in that office would be effective to perfect a security int…
AS 45.29.807 Amendment of pre-effective-date financing statement.
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(a) After July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection a…
AS 45.29.808 Person entitled to file initial financing statement or continuation statement.
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A person may file an initial financing statement or a continuation statement under AS 45.29.802 — 45.29.809 if (1) the secured party of record authorizes the filing; and (2) the filing is necessary under AS 45.29.802 — 45.29.809 (A) to continue the effectiveness of a financing st…
AS 45.29.809 Priority.
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AS 45.29.102(a)(8), (13), (61), (85), and (88), 45.29.105, 45.29.307(f), 45.29.311(a), 45.29.316(h) and (i), 45.29.317(b) and (d), 45.29.326, 45.29.406(e), 45.29.408(b), 45.29.503(a), (b), and (f) — (h), 45.29.507(c), 45.29.515(f), 45.29.516(b), 45.29.518, 45.29.607(b), as those …
AS 45.29.810 Instructions to Department of Natural Resources.
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(a) The Department of Natural Resources shall adopt, amend, or repeal regulations to implement AS 45.29.102(a)(8), (13), (61), (85), and (88), 45.29.105, 45.29.307(f), 45.29.311(a), 45.29.316(h) and (i), 45.29.317(b) and (d), 45.29.326, 45.29.406(e), 45.29.408(b), 45.29.503(a), (…
AS 45.29.811 Saving clause.
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AS 45.29.102(a)(8), (13), (61), (85), and (88), 45.29.105, 45.29.307(f), 45.29.311(a), 45.29.316(h) and (i), 45.29.317(b) and (d), 45.29.326, 45.29.406(e), 45.29.408(b), 45.29.503(a), (b), and (f) — (h), 45.29.507(c), 45.29.515(f), 45.29.516(b), 45.29.518, and 45.29.607(b), as th…
AS 45.30.010 Mobile home standards. [Repealed, § 5 ch 104 SLA 1980.]
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[Repealed or reserved.]
AS 45.30.011 Mobile home warranties.
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(a) After August 27, 1980, a new mobile home sold by a mobile home dealer to a buyer is subject to a mobile home warranty. A mobile home warranty shall be set out in a separate written document entitled “Mobile Home Warranty,” which shall be delivered to the buyer by the mobile h…
AS 45.30.015 Bonds.
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(a) A manufacturer constructing mobile homes for sale in the state shall deposit a performance bond in the amount of $100,000 with the department to assure compliance with the provisions of AS 45.30.011. (b) A manufacturer who discontinues construction of mobile homes for sale in…
AS 45.30.018 Private cause of action against bond.
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(a) A buyer who has a claim against the manufacturer of the buyer's mobile home for failure to fulfill the manufacturer's obligations under AS 45.30.011 may file an action upon the bond required by AS 45.30.015. (b) Two copies of the complaint and the summons shall be served by c…
AS 45.30.020 Duties of department. [Repealed, § 5 ch 123 SLA 1972.]
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[Repealed or reserved.]
AS 45.30.025 Surety's liability and right to cancel bond.
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(a) The surety shall inform the attorney general in writing of all claims against the bond lodged directly with the surety and all sums paid against the bond. (b) The surety on the bond is not liable in an aggregate amount in excess of that named in the bond. (c) Nothing in this …
AS 45.30.030 Administration. [Repealed, § 5 ch 104 SLA 1980.]
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[Repealed or reserved.]
AS 45.30.040 Enforcement of compliance.
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(a) A department inspector shall give written notice to the owner, dealer, or manufacturer of a mobile home of each violation of AS 45.30.011. The notice of violation shall accurately describe the violation and give specific reference to the section and paragraph of the statutes.…
AS 45.30.050 Penalty. [Repealed, § 5 ch 104 SLA 1980.]
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[Repealed or reserved.]
AS 45.30.060 Definitions. [Repealed, § 5 ch 123 SLA 1972.]
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[Repealed or reserved.]
AS 45.30.070 Agreements to locate prohibited.
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A vendor of mobile homes may not require as a condition of sale that a purchaser locate the mobile home in a particular mobile home park or in one of a particular group of mobile home parks.
AS 45.30.100 Definitions.
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In this chapter, (1) “buyer” means a person who purchases a mobile home for personal use and not for purposes of resale; (2) “department” means the Department of Law; (3) “mobile home” means a vehicle designed and equipped for human habitation, and which may be drawn by a motor v…
AS 45.35.010 Disclosure of information.
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(a) A lessor shall disclose clearly and conspicuously in writing in a lease-purchase agreement each of the following items that applies to the lease-purchase agreement or to the personal property leased under the agreement: (1) the total number of payments, the total monetary amo…
AS 45.35.020 Maintenance and warranties.
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(a) A lessor is responsible for making all normal repairs that may be required for the personal property during the lease-purchase agreement, but the lessor is not responsible for any unauthorized repairs or damage caused by improper use. (b) If a manufacturer's warranty covers t…
AS 45.35.030 Late fees.
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(a) A lessor may not charge a consumer more than $5 for each payment that is late under a lease-purchase agreement. (b) When calculating time for the purpose of determining whether a lease payment is late and subject to a late fee under a lease-purchase agreement, a lessor may no…
AS 45.35.040 Prohibited provisions.
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A lease-purchase agreement may not contain (1) a confession of judgment; (2) a negotiable instrument; (3) a security interest in, or another claim on, real or personal property that is not the subject of the agreement; (4) a wage assignment; (5) an assignment of an Alaska permane…
AS 45.35.050 Reinstatement of contract by consumer; repossession.
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(a) If a consumer fails to make a payment under a lease-purchase agreement by the time required for the payment and the lessor terminates the agreement due to the consumer's failure to make the payment, the consumer may reinstate the agreement by paying the items identified under…
AS 45.35.060 Application of disclosure requirements upon occurrence of subsequent events.
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(a) When a lessor and a consumer replace an existing lease-purchase agreement between the lessor and consumer with a new lease-purchase agreement, the lessor shall make the disclosures required by AS 45.35.010 for the new lease-purchase agreement. In this subsection, “new lease-p…
AS 45.35.070 Advertisement.
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(a) If an advertisement for a lease-purchase agreement refers to or states the dollar amount of a payment and the right to acquire ownership of a specific item of personal property, the advertisement must also clearly and conspicuously state each of the following items that is ap…
AS 45.35.080 Written receipts.
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On request, a lessor shall provide the consumer with a written receipt for each payment made by cash or money order.
AS 45.35.090 Coordination with other laws.
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(a) If there is a conflict between this chapter and AS 45.12 (Uniform Commercial Code-Leases), this chapter governs. (b) If there is a conflict between this chapter and 15 U.S.C. 1601 — 1693r (Consumer Credit Protection Act), 15 U.S.C. 1601 — 1693r govern.
AS 45.35.099 Definitions.
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In this chapter, (1) “advertisement” means a commercial message in a communications medium that directly or indirectly promotes entering into a lease-purchase agreement or provides information about a lease-purchase agreement, but does not include a price tag, window sign, or oth…
AS 45.45.010 Legal rate of interest; prepayment of interest.
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(a) The rate of interest in the state is 10.5 percent a year and no more on money after it is due except as provided in (b) of this section. (b) Interest may not be charged by express agreement of the parties in a contract or loan commitment that is more than the greater of 10 pe…
AS 45.45.020 Higher rate of interest prohibited.
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A person may not, directly or indirectly, receive in money, goods, or things in action, or in any other manner, a greater sum or value for the loan or use of money, or upon contract founded upon a bargain, sale, or loan of wares, merchandise, goods, chattels, lands, and tenements…
AS 45.45.030 Action for recovery of double amount of usurious interest paid.
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If interest greater than that prescribed in AS 45.45.010 and 45.45.020 is received or collected, the person paying it may, by action brought within two years after the payment, recover from the person receiving the payment double the amount of the interest received or collected.
AS 45.45.040 Usurious rate as working forfeiture of entire interest.
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If, in an action brought on a contract, the court determines that a rate of interest has been contracted for greater than is authorized by AS 45.45.010 — 45.45.070, either directly or indirectly, in money, property, or other valuable thing, or that a gift or donation of money, pr…
AS 45.45.050 Recovery by assignee of usurious contract of amount paid.
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AS 45.45.010 — 45.45.070 do not prevent the bona fide assignee of a usurious contract from recovering against the immediate assignor, or the original usurer, the full amount paid by the assignee for the contract if the assignee did not have notice of the usury affecting the contr…
AS 45.45.060 Contract not usurious because of agreement to pay taxes.
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A contract made in the state between borrower and lender, debtor and creditor, or mortgagor and mortgagee, on which the rate of interest is the legal rate of interest specified in AS 45.45.010 or less, by which one party agrees to pay the taxes on the debt, credit, or mortgage ex…
AS 45.45.070 Enforcement of contracts entered into under AS 45.45.060.
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Article 2. Collection of Advance Interest. A contract entered into under AS 45.45.060 may be enforced by the parties to it. However in making an assessment of a credit loan or mortgage, it shall be assessed to the holder of the contract.
AS 45.45.080 Money lenders may collect interest in advance.
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(a) A lender of money may, either upon the security of personal property or otherwise, charge and receive interest in advance. (b) In the case of a secured or unsecured instrument loan not exceeding the principal amount of $10,000, not including interest, which is repayable in su…
AS 45.45.090 Applicability of other laws.
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Article 3. Merchandise. No law of this state prescribing or limiting interest rates upon loans applies to loans made under AS 45.45.080.
AS 45.45.100 Requiring individuals to keep merchandise in full view.
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A merchant may request an individual on the merchant's premises to place or keep in full view merchandise that the individual removes, or that the merchant believes the individual may have removed, from its place of display or elsewhere, whether for examination, purchase, or anot…
AS 45.45.105 Unsolicited merchandise.
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(a) A person may not offer merchandise for sale, in any manner, when the offer includes the voluntary and unsolicited sending of merchandise not actually ordered or requested by the recipient, either orally or in writing. (b) Unsolicited merchandise received shall be considered a…
AS 45.45.110 Definitions.
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Article 4. Funerals. In AS 45.45.100 and 45.45.105, (1) “merchandise” means personal property capable of manual delivery that is produced, displayed, held, or offered for sale by a manufacturer, distributor, or merchant; (2) “merchant” means an owner or operator of a place of bus…
AS 45.45.120 Disclosure of costs.
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Article 5. Regulation of Motor Vehicle Repairs. Every person performing or arranging for services or providing merchandise relating to the disposition of a dead human body shall give to the person arranging for the disposition at the time the arrangements are completed and before…
AS 45.45.130 Repair order.
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Upon request of the customer and before the commencement of repairs, the shop shall provide the customer with a copy of a dated repair order legibly describing the repairs to be performed. The shop shall record the odometer reading of the customer's motor vehicle on the repair or…
AS 45.45.140 Repair price information.
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Upon request of the customer and before the commencement of repairs, the shop shall provide the customer with a price estimate for the repairs. The repair price estimate shall be made in good faith by the shop and may not be exceeded except for good cause and additional charges o…
AS 45.45.150 Notice to customer.
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The shop shall post a conspicuously located and easily readable sign that states: “You are entitled to a price estimate for the repairs you authorize if you request the estimate before the repairs are begun. This price estimate will not be exceeded if the motor vehicle is deliver…